Sitting Panel: Sh. Raiz Ahmed, Javed Iqbal and Muhammad Nawaz Abbasi, JJ

Summary:

This case involves an appeal filed by Dilmir (appellant) against a judgment of the Lahore High Court, which had reversed concurrent findings of fact recorded by two lower courts in exercise of its revisional jurisdiction under Section 115 of the Civil Procedure Code. The Supreme Court had granted leave to appeal to examine whether the High Court was justified in setting aside these concurrent findings. A key issue was the question of limitation, which the Supreme Court emphasized is a “bounden duty of the Court to notice” and deal with diligently, irrespective of whether it is agitated by the parties. The original order or judgment from any court (Trial, Appellate, or Revisional) should indicate that the court was aware and conscious of the limitation aspect.

The Supreme Court allowed the appeal, setting aside the impugned judgment of the High Court and remanding the case. The Court observed that the learned Judge in Chambers of the High Court had reappraised and re-evaluated the entire evidence, an action permissible only if the lower courts’ findings were based on insufficient evidence, misreading of evidence, non-consideration of material evidence, erroneous assumptions of facts, or patent errors of law. However, the Supreme Court found that the High Court had not vigilantly scrutinized the appellant’s evidence and had failed to provide reasons for discarding it. Therefore, the case was sent back to the High Court with directions to specifically decide the question of limitation, the application moved on behalf of the respondent for producing additional evidence, and any other relevant questions deemed necessary for a just decision, after providing all concerned parties with a proper opportunity of hearing.

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